1. Field of Invention
The present invention relates to a portable database that can be used by a client organization with substantial numbers of patents to identify target organizations that may be interested in licensing said patents. The database combines the power of citation analysis for identifying licensing targets with the power of citation neighbor searching for identifying similar patents and for overcoming some of the weaknesses inherent with citation analysis. One of the real strengths in this invention is the ability for a company to identify targets outside of its core industry that may be interested in licensing the technology in its patents.
2. Prior Art
With the realization that IBM receives more than $1 billion in revenues based on out-licensing of its patent assets, numerous companies with substantial patent holdings such as Intel, Microsoft, Hewlett-Packard and others have started to significantly increase the out-licensing of their patent assets. (“Microsoft opens technology to more licensing”, Ina Fried, CNET News.com, Dec. 3, 2003; “HP seeks profits from its patents”, Dawn Kawamoto and Ian Fried, CNET News.com, Feb. 24, 2003.)
U.S. Pat. No. 6,556,992 (Barney et al.) is an early patent recognizing the increased role of licensing programs, but this patent is primarily concerned with determining the value of a patent or patents and not with identifying the potential licensees of a patent or patents.
U.S. Published Patent Application No. 2002/0004775 (Kossovsky et al.) is an online licensing exchange which provides a method for licensees to find patent owners with relevant technology. However this is a passive system from the patent owners perspective and does not allow the patent owners to proactively search for potential licensees.
U.S. Published Patent Application No. 2002/0178029 (Nutter et al.) is a software system (Taeus Works) for both evaluating patent and for identifying licensees. However, the system depends on evaluative information supplied by the user in order to evaluate license potential of a patent. See, also, an undated brochure entitled “Patent Portfolio Management,” from Taeus.
In a 1995 newsletter (“Patent Citation Analysis is a Tool for Technology Transfer,” CHI's Research, May 1995) CHI Research discusses the use of forward-citations in identifying licensing targets. This is further discussed in an article, “The many applications of patent analysis,” Breitzman and Mogee, Journal of Information Science, 2002, pp. 187-205. However, citation analysis provides no obvious way to identify licensees for recent patents and those that have no forward citations. Also, this method provides no way to cluster sets of patents that may be valuable as a set of patents to a particular licensee.
CHI Research's neighbor searching algorithm has been in use since 1987 and provides a means to identify patents that are technologically similar to a source patent or set of source patents. An example of the application of the algorithm performed in 2002 by CHI Research, Inc. for U.S. Pat. No. 5,647,993 (Karp) is shown in the Appendix below. However, this method has always been used as a means to strengthen a patent search or as the beginning of a larger analysis or patents. Also, since this algorithm mines the entire U.S. patent database to obtain neighbors for a specific patent or small set of patents, it could not be used in a portable database that can be given to clients for their own data mining. Moreover, the algorithm has no obvious use for licensing, because if an entire organization's portfolio were entered, a set of nonsensical results would be obtained after an interminable delay.
Accordingly, there is still a need for improved methods of identifying licensing targets for a portfolio of patents. The present invention fulfills such a need by combining citation analysis with a new improved neighbor searching method, such that a portable database can be created and given to clients such that they can (in real-time) mine their patent portfolios and find licensees. Moreover the weaknesses of citation analysis are overcome. Finally, the entire U.S. database need not be mined for each exploration so that data-mining for licensees can be done in real-time and the proprietary information in the main database need not be sent to the client organization.
After considering the following description, those skilled in the art will be able to use the teachings of the present invention to create a database that uses the neighbor citation process to identify licensing targets.